Brazil enacts digital child protection and datacenter policy

President Luiz Inácio Lula da Silva sanctioned PL 2628/2022 (ECA Digital) on 17 September 2025 at the Palácio do Planalto and announced the transformation of the ANPD into an independent regulatory agency; the government will send related Medidas Provisórias (MPs) on 18 September 2025 to accelerate implementation.

  • Main announcement: The President sanctioned PL 2628/2022 (Estatuto Digital da Criança e do Adolescente — ECA Digital) establishing obligations for apps, games, social networks and digital services (age verification, privacy and advertising rules for minors, family supervision tools, rapid takedown of illicit content). The government vetoed a 12-month delayed entry clause and will issue an MP on 18 September 2025 that sets a 6-month compliance period for operational obligations; the MP also transforms the ANPD into an independent agency with 200 Specialist in Data Protection positions, plus additional commissioned posts, by converting vacant effective positions without increasing spending.
  • Datacenter and competition measures: The government launched the Política Nacional de Datacenters (Redata) with measures to zero federal taxes on datacenter equipment, require 100% renewable or clean energy, low water use and carbon-zero operations from the start; beneficiaries must invest 2% of investments in local R&D (universities, research centers, startups) and reserve 10% of new capacity for national use. The administration expects up to R$ 2 trillion in investments; a separate PL of Digital Competition creates a Superintendência de Mercados Digitais (SMD) in CADE with objective criteria including revenue floors of R$ 5 billion (Brazil) and R$ 50 billion (global) for designation as platforms of systemic relevance.
Brazil Government · September 17, 2025